Legal Opinion

In re Proving the Last Will & Testament of Keeffe

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 1913PublishedCited by 17 opinions

Appeal by Florence A. Mustor, contestant, from a decree of the Surrogate’s Court of the county of New York, entered in the said Surrogate’s Court on the 15th day of August, 1912, admitting to probate a paper propounded as the last will and testament of Matthew J. Keeffe, deceased.

1Opinion of the Court

Scott, J.:

The contestant appellant opposed the granting of the probate upon several grounds, but the only one we consider it necessary to discuss is that which calls in question the sufficiency of the execution of the alleged will.

The facts are simple. The document was drawn by the deceased himself, a layman, upon a printed form such as can be purchased from any law stationer. The blanks were filled in by the testator in his own handwriting, and he signed his name at the end. Following his signature was the usual attestation clause reading: “ Subscribed by Matthew J. Keeffe, the testator…

2Cases cited6 opinions

  1. In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
  2. In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
  3. Mitchell v. . MitchellNew York Court of Appeals · 1879
  4. In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
  5. Willis v. . MottNew York Court of Appeals · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Harley v. WilliamsMontana Supreme Court · 1915
  2. In re the Probate of the Last Will & Testament of RedwayAppellate Division of the Supreme Court of the State of New York · 1933
  3. In re the Probate of the Last Will & Testament of LevengstonAppellate Division of the Supreme Court of the State of New York · 1913
  4. In re Proving the Last Will & Testament of BassettNew York Surrogate's Court · 1914
  5. In re Proving the Last Will & Testament of KingNew York Surrogate's Court · 1927

12 more not listed; retrieve them via the Exa API.

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